No Smoke Without Germans; Calling Cows To Mind

No smoke without Germans

In the European Court of Justice this morning time Advocate General Philippe Léger gave his Opinion inwards Case C-380/03 Federal Republic of Federal Republic of Federal Republic of Germany v European Parliament too Council of the European Union. According to the ECJ's Press Release, the AG's persuasion is that the legal basis for the Tobacco Advertising Directive is appropriate for putting an terminate to departure inwards the national rules on tobacco advertising, which was contributing significantly to the fragmentation of the internal market.

Germany is seeking annulment of the bits of the directive that bargain amongst the advertising too sponsorship of tobacco products inwards media other than television, claiming that the selection equally a legal basis of Article 95 of the EC Treaty, which authorises the Community to adopt measures for the approximation of the national provisions which direct keep equally their object the institution too performance of the internal market, is incorrect.

This is the 3rd activity brought yesteryear Federal Republic of Federal Republic of Germany for annulment of a directive relating to tobacco products, Federal Republic of Federal Republic of Germany having brought actions for annulment of Directive 98/43 (which led to the annulment of that directive inwards 2000) too of Directive 2001/37 (this activity beingness ruled inadmissible).

awaits the in conclusion judgment which, he suspects, volition convey the AG's recommendation. This Directive has slipped on plenty banana peels upward till immediately but seems to secured its theatre footing.


Calling cows to mind

Also from Grand Duchy of Luxembourg today is the determination of the Court of First Instance (CFI) inwards Case T-153/03, Inex SA v OHIM, Robert Wiseman & Sons Ltd. Wiseman applied to register equally a Community merchandise grade a ‘cow hide’ moving painting (right) inwards honour of milk, dairy too drinks-based goods too services inwards Classes 29, 32 too 39.

Inex opposed inwards relation to Wiseman’s milk products, citing its before Benelux registration of the sign depicted on the left, registered for milk too dairy products inwards Classes 29 too 30, alleging a likelihood of confusion. The Opposition Division too the Board of Appeal had no difficulty inwards dismissing the opposition. Nor, on appeal, did the CFI. Despite the fact that both signs mightiness telephone yell upward to heed the notion of a cow, in that place was no serious similarity betwixt them.

notes that Wiseman’s application, filed on 1 Apr 1996, has immediately been inwards the pipeline for to a greater extent than than 10 years - too there’s nevertheless the prospect of an appeal to the ECJ. It’s scandalous that a pathetically weak non-starter of a representative should last allowed to waste matter too hence much fourth dimension too effort. Merpel agrees that this opposition was simply plainly silly; she's close impressed at the dignified means inwards which the CFI treated it.

Cow enshroud here
Rawhide here (not to last missed, says the IPKat)